GALADIMA JCA (Delivering the Lead Judgment): This appeal is against the decision of Uyanna (CJ) of Awka High Court of Anambra
State in suit No. AA/52/80 delivered on 29/7/94, wherein the court gave judgment in favour of the plaintiff (respondent herein) by granting reliefs as claimed to wit: A declaration that the plaintiff is entitled:- (a) To the customary right of occupancy in respect of the land shown on plaintiff’s survey plan, exhibit- Plan No. MG/ 81/86 verged red.
An order of perpetual injunction restraining the defendant, his servants, agents and/or privies from committing any further acts of trespass on the said land verged red in exhibitin plaintiff’s plan. N300.00 general damages award to the plaintiff against the defendant.
Dissatisfied with the judgment, the defendant (hereinafter referred to as the appellant) appealed to this court upon a notice of appeal containing 9 grounds of appeal.
Subsequently, and in accordance with the rules of this court, brief of argument were f…